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What Exposure Does a Business Have to Attorneys’ Fees Under the FCCPA and the FDCPA?

January 17, 2023 Banking & Financial Services Industry Legal Blog, Insurance Industry Legal Blog

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes.  Businesses should be aware of each statute.  Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer.  When […]

What Are “Statutory Damages” Under the FCCPA and the FDCPA?

January 17, 2023 Banking & Financial Services Industry Legal Blog, Insurance Industry Legal Blog

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes.  Businesses should be aware of each statute.  Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer.  When […]

What Are “Actual Damages” Under the FCCPA and the FDCPA?

January 16, 2023 Banking & Financial Services Industry Legal Blog, Insurance Industry Legal Blog

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes.  Businesses should be aware of each statute and how to defend against such claims.  Many times, consumer lawyers bring claims for technical violations of the statutes, or even when there has […]

How Can a Lienholder Obtain Release of a Vehicle That Is Subject to a Tow Lien Under Section 713.78, Florida Statutes?

January 16, 2023 Banking & Financial Services Industry Legal Blog

When towing companies tow vehicles in the State of Florida, Section 713.78 provides protection to ensure they are paid for their services.  While the owner of the vehicle may not want to pay for the towing company’s services and may not want to retrieve the vehicle for whatever reason, lienholders […]

How Can a Lienholder Obtain Release of a Vehicle That Is Subject to a Lien From a Motor Vehicle Repair Shop Under Section 559.917, Florida Statutes?

January 16, 2023 Banking & Financial Services Industry Legal Blog

When motor vehicle repair shops perform repairs to a vehicle, the Florida Statutes provide protection to ensure that the repair shop is paid for the services performed.  While the owner of the vehicle may not want to pay for the services and may not want to retrieve the vehicle for […]

Are Proposals for Settlement Enforceable in FCCPA Cases?

January 12, 2023 Banking & Financial Services Industry Legal Blog, Insurance Industry Legal Blog

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute.  As such, businesses need to be aware of the statute and the risk and liability of the statute.  Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to […]

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